Policy 511-R Student Records Regulations

The building principal shall be responsible for the collection, maintenance, and release or review of student records.

Public notice is to be disseminated annually informing parents, guardians, and adult students of their rights with regard to student records, the location of student records, and a copy of Policy 511.

A. Education records means those records which: 

1. are directly related to a student; and
2. are maintained by the school district or by a party acting for the school district. 

B. What does not constitute an “education record”:

1. Records of instructional personnel which:

i. are in the sole possession of the maker of the record; and
ii. are not accessible or revealed to any other individual except a substitute teacher; and
iii. are destroyed at the end of the school year.

2. Records of a law enforcement unit of the school district, provided education records maintained by the school district are not disclosed to the unit,

i. and the law enforcement records are:
ii. maintained separately from education records;
iii. maintained solely for law enforcement purposes; and disclosed only to law enforcement officials of the same jurisdiction.

C. Records relating to an individual, including a student, who is employed by the school district which:

1. are made and maintained in the normal course of business;
2. relate exclusively to the individual in that individual’s capacity as an employee; and
3. are not available for use for any other purpose.

However, these provisions shall not apply to records relating to an individual in attendance at the school district who is employed as a result of his or her status as a student.

D. Records relating to a student or eligible student, which are:

1. made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional or paraprofessional capacity or assisting in that capacity;
2. made, maintained, or used only in connection with the provision of treatment to the student; and
3. disclosed only to individuals providing the treatment; provided that the records can be personally reviewed by a physician or other appropriate professional of the student’s choice.  For the purpose of this definition, “treatment” does not include remedial educational activities or activities that are a part of the program of instruction within the school district.

E. Records that only contain information about an individual after he or she is no longer a student at the school district and that are not directly related to the individual’s attendance as a student.
 

A. Disclosure - Means access or release or transfer of any part of the education record of a student to a third party.

B. Parent − Includes a parent, guardian, or an individual acting as a parent of a student (surrogate parent) in the absence of a parent or guardian. It may be presumed that the parent has the authority to exercise the rights inherent in this policy and the laws referenced unless the School District (principal or designee) has been provided with evidence that there is a state law or court order governing such matters as divorce, separation or sole custody, or a legally binding document which provides to the contrary.

C. Student - “Student” includes any individual who is or has been in attendance, enrolled, or registered at the school district and regarding whom the school district maintains education records.  Student also includes applicants for enrollment or registration at the school district and individuals who receive shared time educational services from the school district.

D. Eligible Student - “Eligible student” means a student who has attained eighteen (18) years of age or is attending an institution of post-secondary education.

E. Legitimate Educational Interest – Legitimate educational interest includes interest directly related to classroom instruction, teaching, student achievement and progress, discipline of a student and student health and welfare. It includes a person’s need to know in order to:

1. Perform an administrative task required in the school or employee’s contract or position description approved by the School Board;

2. Perform a supervisory or instructional task directly related to the student’s education; or Perform a service or benefit for the student or the student’s family such as health care, counseling, student job placement or student financial aid.

F. School Official – School official includes: (a) a person duly elected to the School Board; (b) a person employed by the School Board in an administrative, supervisory, instructional or other professional position; (c) a person employed by the School Board as a temporary substitute in a professional position for the period of his or her performance as a substitute; and (d) a person employed by, or under contract to, the School Board to perform a special task such as a secretary, a clerk, an attorney or an auditor for the period of his or her performance as an employee or contractor.

G. Consent − Written consent should be given by the student's parent(s) or guardian. When a student reaches 18 years of age, his/her consent and not that of the parents or guardian must be 
obtained to disclose education records.  However, the parents of an eligible student who is also a “dependent  student” are entitled to gain access to the education records of such student without first obtaining the consent of the student.  
 

A. Education Records
Data collected on students shall consist of that necessary for the administration and management of programs specifically authorized by the legislature, the School Board, or mandated by federal law. Consent from parent(s), guardian, or student if 18 years old, shall not be required for the collection of such data except in the case of legally required consent such as special education records. 

The School District shall inform the parent(s), guardian, or student if 18 years old, of the type of records collected by the School District and the purpose for which they are used.

B. Summary Data
The School District may engage the services of qualified organizations to conduct such studies or surveys, or the School District may conduct such studies or surveys on its own behalf for the purpose of developing, validating, or administering tests, administering student aid programs, and improving instruction, provided that such studies or surveys are conducted in such a manner as will not permit personal identification of students and their parents by persons other than those involved in collecting the information. Such information will be destroyed when no longer needed for the purpose for which it was collected.

The School District shall inform parent(s), guardian, or student if 18 years old, of the type of summary data to be collected and the purpose for which it was collected.

A. Directory Information
The School District as well as each school shall maintain an official record of each enrolled student. This record shall be permanent and maintained by the School District for an indefinite period of time.

B. Education Records  
Information defined as an education record shall be recorded separately from directory information but shall be a part of the official record for each student. 

A. Disclosure of Directory Information
“Directory Information” listed in Policy 511 may be made public without permission provided:

1. Public notice is given that said records will be public information unless parents of students or students 18 years of age or older notify the responsible authority or designee, in writing, that the above-listed directory information should not be released without prior consent.

2. Student data collected on home-schooled and private school students are private and will not be released unless requested in writing by a parent or student 18 years of age or older.

B. Disclosure of Education Records

1. Written consent from parent, guardian, or student if 18 years old shall not be required when:

i. School officials who have a legitimate educational interest in examining the student's records wish to review the education records of the student.
ii. The student moves from one level to another within the School District (elementary to middle school, etc.).
iii. An individual student transfers from one school to another within the School District.
iv. The educational record of a student or any portion thereof is requested by another school district, college, or other educational institution in which the student seeks or intends to enroll. The request should come from the appropriate office of the school or educational institution and not from a sub-organization such as a sorority, fraternity, athletic or other type of club.
v. A student record is requested by judicial subpoena. In this case the parent, guardian, or student if 18 years old, shall be notified in writing of the release of the record and the reasons therefore.

2. Written consent by parent, guardian, or student if 18 years or older, shall be obtained by the building principal prior to the release or review of the student's educational record by:

i. Any person, office, or institution which has a legitimate interest in the student's records (parole officers, police liaison officers, psychiatrists, military, prospective employer, insurance agency).
ii. Written consent by parent, guardian, or student if 18 years or older, for release of record must specify the records to be released and to whom they are to be released. Each request for consent shall be made separately. No blanket permission for release of information shall be allowed.
iii. In cases of release of the education records with written consent, only a single copy of the student's education record shall be released to the agency, individual, or institution requesting the information.

3. Parent, guardian, or student if 18 years of age or older, shall have access to the education records of the student. Written requests for review of the student's records shall be made to the building principal by the parent(s), guardian, or student if 18 years or older. Such requests shall be honored immediately if possible, or within five (5) days of the date of request, excluding Saturdays, Sundays, and legal holidays. If compliance with the request cannot be made within that time, the individual making the request shall be so informed. The building principal may have an additional five (5) days within which to comply with the request, excluding Saturdays, Sundays, and legal holidays.

4. Although access to an education record cannot be denied to a parent, guardian, or student 18 years of age or older, a request by the aforementioned may be denied by the responsible authority or designee under the following circumstances:

i. If the request is not in writing.
ii. If the individual submitting the request is incoherent or obviously incapacitated from the consumption of alcohol or other chemicals.
iii. If the request is submitted at a time other than working hours, or at a place other than the building where the records are kept.
iv. If the responsible authority or designee has been provided with evidence that there is a legally binding instrument, or a state law or court order governing such matters as divorce, separation or custody, which precludes the rights of a parent to access to or copies educational records.

5. Fees for copies of the records shall may be accessed at the district rate. 

A. A record must be kept which shall list all persons, agencies, or organizations requesting disclosure of a student's educational records. The record must also indicate a legitimate interest of the party making the request.

B. This requirement does not apply to requests for disclosure by teachers or other school personnel who have a legitimate interest in a student's record. Requests for review by parent(s), guardian, and/or student shall be listed only for purposes of providing a record or the frequency of such requests.

A. A parent, guardian, or student if 18 years of age or older, may contest the accuracy or the completeness of the educational records. Such challenge shall be made in writing and shall describe the nature of such disagreement.

i. In case of challenge, an informal conference shall be held to examine the student's record in regard to the challenged information. Participants in the conference shall be selected by the building principal and be composed of staff members, specialists, other professional individuals whose knowledge and expertise the principal considers essential in the resolution of the matter, and shall include the individual who has submitted the written challenge.
ii. If, as a result of the conference, the School District finds that the challenged portion of the student's record is incorrect, that     shall be amended or corrected and the parent(s), guardian, or student shall be so informed.
iii. If, as a result of the conference, the School District finds that the challenged portion of the student's record is not inaccurate, it shall inform the individual who has submitted the challenge of their right to place in the student's folder a statement commenting on the reasons for disagreeing with the School District's disposition of the matter. This statement shall remain a part of the student's record and shall be subject to disclosure provisions as outlined in these guidelines.
iv. The school administration shall make every effort to resolve the issue within 30 days of the date of the written challenge.
v. A written record shall be kept of the challenge of accuracy, any conferences held, and any other action taken in this regard, all of which shall become a part of the student's record.

B. The right to a hearing:
If the conference procedure in Item VIII-A proves unsatisfactory, the parent(s), guardian, or eligible student shall be advised of the right to a hearing to challenge the content of the student's educational records. The hearing shall be conducted in accordance with federal law.

i. If, as a result of the hearing, the School District decides that the contested portion is inaccurate, misleading, or otherwise in violation of privacy or other rights of student, it shall amend the records accordingly and so inform the parent(s), guardian, or eligible student.
ii. If, as a result of the hearing, the School District decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, it shall inform the parent(s), guardian, or eligible student of the right to place a statement in the student's record commenting upon the information in the education records which is challenged and setting forth any reasons for disagreeing with the decision of the District.

C. Any statement included as part of the education record of the student under the provisions of VIII-B-ii of this section shall:

i. Be maintained by the School District as part of the educational records of the student as long as the record or the contested portion thereof is maintained by the District; and
ii. If the records of the student or the contested portion thereof are disclosed by the School District to any party, the statement shall be disclosed to that party.
 

• Adopted: August 18, 1992
• Amended: April 2, 2001
• Amended: July 30, 2001
• Amended: April 23, 2003
• Amended: August 28, 2003
• Amended: August 16, 2004
• Amended: April 11, 2005
• Amended: September 21, 2005
• Amended: June 6, 2016
• Amended: February 10, 2020
• Last Reviewed: July 10, 2023

• Policy 511 - Student Records